Articles Posted in Business Litigation

In September 2025, the Federal Trade Commission (FTC) formally withdrew its appeal in the pivotal case titled Ryan LLC v. FTC and Properties of the Villages v. FTC, which struck down the FTC’s 2024 attempt to generally ban non-compete agreements and similar restrictive covenants across the board. In Ryan, you may recall that the United…

The injunction remedy is an important facet of a trade secret lawsuit because it precludes the misappropriator from using the trade secret. Courts can grant an injunction to prevent actual or threatened misappropriation or require affirmative actions to protect the trade secret. 18 U.S.C.A. § 1836. To obtain an injunction, the movant must establish, among…

Contracts are usually expressed through writings or oral statements. But sometimes, contracts are implied through certain circumstances. These implied-in-fact contracts are recognized under Florida law. Bromer v. Florida Power & Light Co., 45 So.2d 658 (Fla. 1949) (“This Court should determine and give to the alleged implied contract the effect which the parties, as fair…

The existence of a unilateral mistake contract defense was confirmed by the Florida Supreme Court in Maryland Cas. Co. v. Krasnek, 174 So. 2d 541 (Fla. 1965). The Florida Supreme Court stated, “[a]lthough there is little doubt that the statement in the District Court’s opinion that unilateral mistake provides no basis for rescission of a…

Lawsuits to prevent unlawful competition can take several forms. A lawsuit may involve the enforcement of a restrictive covenant like non-compete agreements, non-solicitation provisions, or non-disclosure agreements. These agreements are only permitted when supported by a legitimate business interest demonstrating the restrictive covenant provision is intended to prevent unlawful competition. White v. Mederi Caretenders Visiting…

Business litigants owed money by another usually sue for breach of contract. However, there are other common law claims that can be asserted along with, or instead of, breach of contract to recover a debt owed by another. One potential claim is called an account stated and other potential claim is called open account. The…

Attorney’s fees are only recoverable when authorized by statute of by agreement of the parties. Reiterer v. Monteil, 98 So. 3d 586 (Fla. 2d DCA 2012) (“[A]ttorney’s fees may be awarded by a court only when authorized by statute or by agreement of the parties.”). This can make recovering attorney’s fees challenging when there is…

Plaintiffs in trade secrets lawsuits and non-compete lawsuits often seek and obtain injunctions preventing defendants from misappropriating the trade secrets or unlawfully competing. Florida’s trade secret statute expressly allows for injunction relief. Fla. Stat. § 688.003 (“Actual or threatened misappropriation may be enjoined.”). Florida’s restrictive covenant statute likewise allows for injunctive relief. Fla. Stat. §…

Unclean hands is an equitable defense akin to fraud. Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602 (Fla. 4th DCA 2013). “It is a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter…

Normally, a defamation claim must be based on one or more false statements. Internet Sols. Corp. v. Marshall, 39 So. 3d 1201 (Fla. 2010) (“The elements of a claim for defamation are as follows: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning…